 MEDIATION
FREQUENTLY ASKED QUESTIONS:
MEDIATION OF
DIVORCE AND FAMILY ISSUES
What is mediation?
Mediation is an efficient and potentially less expensive
process designed to help people reach the best agreements for
them when separating or divorcing. A trained professional
mediator assists you in obtaining the information you need and
to focus on the issues that must be resolved in order to
separate or divorce as amicably as possible.
What training does someone need to become a mediator?
Most divorce and family mediators have completed a basic
(30-40 hour) divorce and family mediation training course.
Many mediators apprentice with other mediators or obtain
supervision of other mediators for a time after they complete
their basic training. In addition, mediators generally pursue
additional training in the substantive issues of separation
and divorce. Mr. Corneille has completed a 40-hour divorce and
family law training course at Northwestern University. In
addition, he has been a licensed attorney in the State of
Illinois since 1984 and a significant part of his practice has
concentrated on family law matters.
Is a mediated agreement binding?
If you are involved in a divorce or another family issue that
is filed in court, any agreement you reach may be filed with
the court. You should speak with your lawyer about how this
works and what your options are. The court generally reviews
the agreement to assure that it conforms to the standards that
have been established (such as the child support guidelines)
and where it does not, whether special circumstances exist
that should be considered.
If your dispute is not filed in court, the agreement is
usually considered to be a contract. Depending on the nature
of the agreement and the dispute, if there is a breach of the
contract, you might be able to file a claim with the court.
Is mediation confidential?
Mediation is a private process, not open to the public. You
will be asked to sign a confidentiality agreement before
beginning mediation. The mediator is bound by law to keep
confidential what is discussed in mediation.
If I use mediation, will I need to go to
court?
If you are using mediation in order to obtain a divorce, you
will have to file in court for your divorce. However, if you
are able to reach a mutually agreeable resolution to all of
the property, financial, custody, parenting and other issues
that you are attempting to resolve, and the court accepts your
settlement, it is unlikely that you will have to make many
court appearances. Generally, the more you do outside of the
court to decide how you want to handle your divorce, the
better.
Will I need a lawyer in order to use
mediation?
In divorce cases, mediators will recommend that each spouse be
represented by his or her own attorney. However, by using
mediation, it is likely that you will use fewer legal services
and that those you use will be different than if you did not
use mediation. Your lawyer will provide you with guidance and
legal counsel and can draft documents for filing with the
court. Even when the mediator is a lawyer, the mediator is not
acting as a lawyer and cannot represent either person in the
divorce.
What should I know about a mediator
before choosing one?
You should approach hiring a mediator just like you would any
other professional, such as a physician, lawyer or accountant.
Generally, you should obtain the following information:
- Training, experience and background of
the mediator;
- Experience or knowledge in mediating the
type of issues you have;
- Fees charged and how fees are divided
among the parties to the mediation;
- Professional memberships.
Most important is whether you are
comfortable with the mediator's style and approach to the
process.
How long will mediation take?
Because each separation and divorce is different, it is hard
to predict exactly how long your mediation will last. In
general, a full divorce, including custody issues, division of
property and assets, takes between three and eight sessions.
In addition, the mediator will take time to prepare a
Memorandum of Understanding, outlining all of the agreements
that you have reached through the mediation process. Mediation
is voluntary and any party, including the mediator, may end it
at any time.
How long are the sessions?
Generally, mediation sessions are scheduled to last from 1 - 2
hours, depending on the couple's needs and available time.
Some couples prefer longer sessions while others find that
shorter sessions are more productive.
Will we meet weekly with the mediator?
At the initial mediation session, you will identify the issues
that need to be decided in order to separate or divorce. What
these issues are, how urgent the decisions are, and how
quickly you wish to proceed will determine on what schedule
you meet with the mediator.
How much will mediation cost?
Your mediation costs will be based on an hourly fee. This fee
will be charged for all mediation sessions time spent
reviewing and drafting documents, telephone consultations, and
consultations by the mediator with your attorneys or other
advisors in the process. The cost of mediation has the
potential to be significantly less than if you each hired
lawyers to represent you in your divorce without using
mediation.
Assuming that you meet with a mediator five times for two
hours each time, and there is an additional two hours of the
mediator's time for the drafting of the Memorandum of
Understanding, the cost of mediation at $150 per hour would be
a total of $ 1,800, which is generally split between you and
your spouse. Often times, a "retainer" fee (lump sum payable
at the first meeting) is required. This retainer is applied
toward the total cost of the mediation.
Who is present at the mediation session?
You and your spouse will both be present at the mediation
session. On occasion, the mediator may wish to speak with each
of you privately (and confidentially). Lawyers occasionally
attend these sessions. Either you or your lawyer may wish that
that he or she do so, but a lawyer's presence is not required.
What information must I disclose to my spouse and to the
mediator?
All financial information must be disclosed as part of the
mediation process. The mediator will work with you to
determine your income, expenses, assets, liabilities,
retirement funds and other financial information that is
required as part of a legal divorce. Should information be
withheld during the mediation process, any agreement reached
may not be valid.
What is discussed during the mediation?
In a typical mediation, the following issues must be addressed
in order to generate an agreement that may be submitted with
the court:
- Children: Parenting responsibility
and time; living arrangements; legal and physical custody;
insurance, education, support and many other issues.
- Assets and Debts: How these will be
divided
- Property: Marital home, cars, other
personal property
- Spousal Support: Whether there will be
spousal support, in what amount and for how long
- Insurance and Medical Expenses
- Tax Issues
Contact John for more information.
|
